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Editor-in-Chief, TBALink

STATE OF TENNESSEE
VS.
BRENDA ANNE BURNS
Court:TSC
Attorneys:
For the Appellant: For the Appellee:
Andrew Frazier Paul G. Summers
Camden, Tennessee Attorney General and Reporter
(At Trial)
Michael C. Moore
David Raybin Solicitor General
Nashville, Tennessee
(On Appeal) Elizabeth T. Ryan
Assistant Attorney General
Nashville, Tennessee
Robert Radford
District Attorney General
Judge: BARKER
First Paragraph:
Defendant/appellee Brenda Burns was tried and convicted of criminal
responsibility for the commission of first-degree murder in the death
of her ex- husband, Paul Burns. The Court of Criminal Appeals
reversed the conviction on the basis that trial counsel was
ineffective in failing to interview two potential defense witnesses
and present the testimony of those witnesses before the jury. The
State filed an Application for Permission to Appeal contesting the
intermediate court's reversal of the defendant's conviction on that
basis. The defendant filed a Cross- Application for Permission to
Appeal raising, among other issues, whether the trial court had
committed reversible error by failing to instruct the jury on the
lesser- included offenses of facilitation of a felony (i.e.,
first-degree murder), Tenn. Code Ann. S 39-11-403 (1991), and
solicitation to commit a criminal offense (i.e., first-degree murder),
Tenn. Code Ann. S 39-12-102 (1991). We granted both Applications in
order to address these important issues.
http://www.tba.org/tba_files/TSC/burnsba.wpd
STATE OF TENNESSEE
VS.
TERRY ALLEN DOMINY
Court:TSC
Attorneys:
For Plaintiff-Appellee: For Defendant-Appellant:
John Knox Walkup Peter G. Heil
Attorney General & Reporter Nashville, Tennessee
(Appeal Only)
Michael E. Moore
Solicitor General Shara Flacy
William Bright
Gordon W. Smith District Public Defenders
Associate Solicitor General Pulaski, Tennessee
Nashville, Tennessee
James G. White, II
District Attorney General
Lawrenceburg, Tennessee
Judge: DROWOTA
First Paragraph:
The dispositive issues in this appeal are as follows: (1) whether the
indictment in this case charging the defendant with aggravated rape is
sufficient to support a conviction for spousal rape, a "lesser grade"
offense under this Court's decision in State v. Trusty, 919 S.W.2d 305
(Tenn. 1996); and (2) if so, should this Court reconsider it decision
in Trusty.
http://www.tba.org/tba_files/TSC/DOMINYdro.wpdTHERESA WALKER
VS.
WHELAND FOUNDRY
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Daniel J. Ripper Jeffrey W. Rufolo
Luther-Anderson, PLLP Summers & Wyatt, P.C.
P.O. Box 151 500 Lindsay Street
Chattanooga, TN 37401-0151 Chattanooga, TN 37402
Judge: BYERS
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. At the time
of the trial of this case, the plaintiff was 36 years of age. She had
obtained a basic adult education but had no particular vocational
training. Prior to working for the defendant, the plaintiff worked
primarily in convenience stores.
The plaintiff sustained an injury to her right shoulder and elbow as a
result of an accident in the course of her employment with the
defendant. The accident occurred on August 8, 1996. After prolonged
treatment, she underwent surgery on June 9, 1999, to repair a torn
rotator cuff. The treating physician found an 8 percent whole body
disability.
http://www.tba.org/tba_files/TSC_WCP/WALKERTE.wpdIN RE: AMENDMENT TO SUPREME COURT RULE 4
Court:TSC - Rules
Judge: ANDERSON
First Paragraph:
Supreme Court Rule 4 is hereby amended by deleting the rule in its
entirety and replacing it with the following:
Rule 4 - Publication of Opinions - Not for Citation Designation -
Precedential Value and Citation of Unpublished Opinions.
http://www.tba.org/tba_files/TSC_Rules/Rule4amd_ord.wpdRICHARD THOMAS BOGAN
VS.
DORIS MAE BOGAN
WITH DISSENTING OPINION
Court:TCA
Attorneys:
For the Appellant: For the Appellee:
Stephenson Todd Carl W. Eilers
Todd & Dossett, P.C. 111 East Market Street
134 W. Center Street Kingsport, TN 37660
Kingsport, TN 37660
Thomas F. Bloom
500 Church St. 5th Fl.
Nashville, TN 37219
Judge: SWINEY
First Paragraph:
This is an appeal by Ms. Bogan (Appellant) from an Order of the
Chancery Court for Sullivan County which reduced Mr. Bogan's
(Appellee) alimony payments to her from $2,300 monthly to $945 monthly
after Appellee's retirement. On appeal, Appellant raises the issue of
whether the Chancellor erred in finding that there had been a
substantial and material change of circumstances under the provisions
of T.C.A. S 36-5-101(a)(1), Appellee's retirement, which justified a
reduction of the periodic alimony awarded her at the time of her
divorce.
http://www.tba.org/tba_files/TCA/boganrt_opn.wpd
DISSENTING OPINION:
http://www.tba.org/tba_files/TCA/boganrt_dis.wpd
WANDA S. BORDERS
VS.
RANDY RUEL BORDERS
MEMORANDUM OPINION
Court:TCA
Judge: HIGHERS
First Paragraph:
Wanda S. Borders appeals from an order of the Chancery Court of Gibson
County which imposed certain conditions on Ms. Borders' custody of her
minor child.
http://www.tba.org/tba_files/TCA/Bordersws.wpd
EUGENE BROOKS and VERDELLE BROOKS, Husband and Wife
VS.
T. R. LAMBERT, SR. and VADIE LAMBERT, Husband and wife,
and TIM LAMBERT and GLENDA LAMBERT, Husband and Wife
Court:TCA
Attorneys:
Erich M. Shultz of Memphis
For Appellants
David M. Livingston of Brownsville
For Appellees
Judge: CRAWFORD
First Paragraph:
This appeal results from a dispute concerning ownership of real
property. Although the title to the property was confirmed in
plaintiffs, Eugene Brooks and wife, Verdelle Brooks, and they were
awarded possession of the property, they appeal the trial court's
order as to the damage judgment against defendants, T.R. Lambert, Sr.,
and wife, Vadie Lambert; Tim Lambert and wife, Glenda Lambert.
http://www.tba.org/tba_files/TCA/Brookseu.wpd
KATHERYN LAKE GRIFFIN
VS.
STEVEN MARSHALL GRIFFIN
Court:TCA
Attorneys:
Richard F. Vaughn, Memphis, Tennessee
Attorney for Plaintiff/Appellant.
Theresa H. Patterson, Memphis, Tennessee
Attorney for Defendant/Appellee.
Judge: FARMER
First Paragraph:
In this dispute between Katheryn Lake Griffin ("Wife") and Steven
Marshall Griffin ("Husband"), Wife appeals from an order of the trial
court (1) granting a divorce to both parties, (2) dividing the
parties' marital property, (3) refusing Wife's request for alimony,
and (4) refusing Wife's request for attorney's fees and litigation
expenses. For the reasons set forth below, we affirm in part, reverse
in part, and remand the cause to the trial court for further
proceedings consistent with this opinion.
http://www.tba.org/tba_files/TCA/griffinkl.wpd
ALICE HOLDEN
VS.
FRED'S STORES OF TENNESSEE, INC.
Court:TCA
Attorneys:
Alan G. Crone and James J. Webb, Jr.
Crone & Mason of Memphis, For Appellant
David L. Bearman and Bradley E. Trammell
Baker, Donelson, Bearman & Caldwell of Memphis, For Appellee
Judge: CRAWFORD
First Paragraph:
This is a premises liability case. Plaintiff, Alice Holden, appeals
from the order of the trial court granting summary judgement to
defendant, Fred's Stores of Tennessee, Inc.
http://www.tba.org/tba_files/TCA/Holdenal.wpd
WILLIE D. HUNLEY, JR., and wife BRENDA K. HUNLEY and VELVAC, INC.
VS.
SILVER FURNITURE MANUFACTURING CO. and TAB SERVICE CORPORATION
WITH DISSENTING OPINION
Court:TCA
Attorneys:
JOSEPH B. YANCEY and STEPHEN E. YEAGER OF KNOXVILLE FOR APPELLANTS
ROBIN M. KING OF KNOXVILLE FOR APPELLEES
Judge: GODDARD
First Paragraph:
This is a suit filed by Willie D. Hunley, Jr., and his wife, Brenda K.
Hunley, and Velvac, Inc., a third-party tort-feasor, which settled a
claim of Mr. and Mrs. Hunley to determine whether the workers'
compensation carrier for Mr. Hunley should be subrogated pursuant to
T.C.A. 50-6-112(c) to a settlement by a third party whereby Mrs.
Hunley received the sum of $200,000 in settlement of her claim for
loss of consortium arising from injuries to her husband.
http://www.tba.org/tba_files/TCA/hunleyw_opn.wpd
DISSENTING OPINION:
http://www.tba.org/tba_files/TCA/hunleywd_dis.wpd
ROBERT C. LEE TRUST by and through M. STEPHEN BRANDON, TRUSTEE,
and MISSTENN RADIOLOGY, P.A.
VS.
THE PAUL REVERE VARIABLE ANNUITY INSURANCE COMPANY,
a wholly owned subsidiary of Textron, Inc
Court:TCA
Attorneys:
Larry E. Parrish, P.C., of Memphis
For Appellants
George T. Lewis, III and
Lori Hackleman Patterson of Memphis
For Appellee
Judge: CRAWFORD
First Paragraph:
This appeal involves a declaratory judgment suit against an insurance
company seeking a declaration that a policy of insurance was never in
effect and for judgment for the amount of premiums paid. From the
order of the trial court granting defendant, The Paul Revere Variable
Annuity Insurance Company, (Revere) summary judgment,
plaintiff-appellant, Robert C. Lee Trust (Trust) appeals.
http://www.tba.org/tba_files/TCA/Leetrust.wpd
CHARLES W. McKINNEY
VS.
SMITH COUNTY, TENNESSEE
Court:TCA
Attorneys:
Paul G. Summers, Attorney General and Reporter
George G. Boyte, Jr., Assistant Attorney General
Attorneys for Defendant/Appellant.
Jacky O. Bellar,
BELLAR AND BELLAR, Carthage, Tennessee
Attorney for Plaintiff/Appellee.
Judge: FARMER
First Paragraph:
In this inverse condemnation action, Defendant Smith County appeals
the trial court's final judgment that suggested a $15,000 additur to
the $7700 verdict rendered by the jury in favor of Plaintiff/Appellee
Charles W. McKinney. We reverse the trial court's judgment and remand
this cause for a new trial on the issue of damages.
http://www.tba.org/tba_files/TCA/MCKINNEYCW.wpd
JOY DAWKINS ROY and SAM D. DAWKINS, et ux
VS.
W. T. DIAMOND, JR.
Court:TCA
Attorneys:
LLOYD R. TATUM
TATUM & WEINMAN
Henderson, Tennessee
Attorney for Appellant
J. HOUSTON GORDON
Covington, Tennessee
Attorney for Appellees
Judge: HIGHERS
First Paragraph:
In this legal malpractice case, W.T. Diamond Jr. appeals from a jury
verdict entered against him in the Circuit Court of Madison County
awarding plaintiffs Joy Dawkins Roy and Sam D. Dawkins $68,800 in
compensatory damages and $25,000 in punitive damages.
http://www.tba.org/tba_files/TCA/Royjoy.wpd
GARY BERNARD SANDERS, ET AL
VS.
DONAL CAMPBELL, ET AL
Court:TCA
Attorneys:
For the Plaintiffs/Appellants: For the Defendants/Appellees:
Gary Bernard Sanders, Pro Se Paul G. Summers
Memphis, Tennessee Michael E. Moore
Elena J. Xoinis
Nashville, Tennessee
Judge: LILLARD
First Paragraph:
This case involves a claim by a prisoner alleging a violation of civil
rights. The plaintiff prisoner is a "jailhouse lawyer" who alleges
that the prison's legal facilities were insufficient and contends that
he was not allowed access to other prisoners in order to provide them
legal advice. The trial court dismissed these claims. We affirm.
http://www.tba.org/tba_files/TCA/Sandersg.wpd
CHRISTINE SPANN
VS.
BARRY ABRAHAM, individually, and d/b/a SIR PIZZA
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
Kathleen G. Morris C. Eric Stevens
Nashville, Tennessee Jeffrey Zager
Trabue, Sturdivant & DeWitt
Robert J. Turner Nashville, Tennessee
Nashville, Tennessee
Judge: KOCH
First Paragraph:
This appeal involves a pregnancy discrimination claim asserted by an
employee of a Nashville pizza restaurant. After refusing to accept a
temporary reassignment requested by her employer, the employee quit
her job and filed suit, alleging that her employer had discriminated
against her in violation of the Tennessee Human Rights Act. The
Chancery Court for Davidson County granted the employer's motion for
directed verdict at the close of the employee's proof after concluding
that she had not made out a prima facie case for disparate treatment
because of her pregnancy. The employee asserts on this appeal that
the trial court erred by directing a verdict for the employer and by
amending its final order on its own motion. We have concluded that
the trial court correctly directed a verdict for the employer in this
case and, therefore, affirm the trial court.
http://www.tba.org/tba_files/TCA/Spannc.wpd
DIANE SLAWSON WATTERS
VS.
WILLIAM C. WATTERS and GENERAL MILLS, INC.
WITH DISSENTING OPINION
Court:TCA
Attorneys:
Daniel D. Warlick of Nashville
For Appellee
James D. Causey and Jean E. Markowitz of Memphis
For Appellant
Judge: CRAWFORD
First Paragraph:
This case, which is before us a second time, involves an attempt to
modify a final decree of divorce. Defendant/Appellant, William G.
Watters (Husband), appeals the order of the trial court denying
Husband's petition to modify final decree of divorce as to child
support and alimony to be paid to Plaintiff/Appellee, Diane Slawson
Watters (Wife).
http://www.tba.org/tba_files/TCA/Watters_opn.wpd
DISSENTING OPINION:
http://www.tba.org/tba_files/TCA/wattersD_dis.wpd
P. PRESTON WILSON, Trustee for the Estate of Blake A. Weber
and Lucy W. Weber, Debtors
VS.
GAIL MATHES
Court:TCA
Attorneys:
Ronald D. Krelstein of Memphis
For Appellee
Tim Edwards and James F. Horner
Glassman, Jeter, Edwards and Wade, P.C., of Memphis
For Appellant
Judge: CRAWFORD
First Paragraph:
This is a legal malpractice action. Defendant/appellant, Gail Mathes
(Mathes), appeals the order of the trial court denying her motion for
summary judgment.
http://www.tba.org/tba_files/TCA/Wilsonpr_opn.wpdSTATE OF TENNESSEE
VS.
CURTIS J. ELY
WITH CONCURRING AND DISSENTING OPINIONS
Court:TCCA
Attorneys:
FOR THE APPELLANT:
J. THOMAS MARSHALL, JR.
District Public Defender
101 South Main Street, Ste. 450
Clinton, TN 37716
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General and Reporter
MARVIN S. BLAIR, JR.
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JAMES N. RAMSEY
District Attorney General
JANICE G. HICKS
Assistant District Attorney General
127 Anderson County Courthouse
Clinton, TN 37716
Judge: RILEY
First Paragraph:
Defendant, Curtis J. Ely, was convicted by an Anderson County jury of
first degree murder in perpetration of robbery and received a life
sentence.
http://www.tba.org/tba_files/TCCA/elycj.wpd
CONCURRING OPINION:
http://www.tba.org/tba_files/TCCA/elycj_con.wpd
DISSENTING OPINION:
http://www.tba.org/tba_files/TCCA/elycj_dis.wpd
STATE OF TENNESSEE
VS.
ERIC LAREZ, a/k/a "EASY"
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
TERRY L. JORDAN PAUL G. SUMMERS
Assistant Public Defender Attorney General & Reporter
P. O. Box 839
Blountville, TN 37617 ERIK W. DAAB
Assistant Attorney General
GERALD L. GULLEY, JR. 425 Fifth Avenue North
P. O. Box 1708 Nashville, TN 37243-0493
Knoxville, TN 37901-1708
(On Appeal Only) H. GREELEY WELLS, JR.
District Attorney General
MARY KATHERINE HARVEY
Assistant District Attorney General
140 Blountville Bypass
P. O. Box 526
Blountville, TN 37617-0526
Judge: GLENN
First Paragraph:
The defendant, Eric Larez, appeals his convictions in the Sullivan
County Criminal Court on two counts of the sale of marijuana over
one-half ounce and one count of the sale of over one-half gram of
cocaine. He was sentenced as a Range I offender to two years
confinement for each of the counts involving marijuana and nine years
in that involving cocaine, all sentences to be served concurrently.
http://www.tba.org/tba_files/TCCA/LAREZE.wpd

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